Anti-bikies law catches unlikely target

Laws aimed at limiting bikies' activities have found an unlikely first target in a country town, a 21-year-old disability pensioner.

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LEIGH SALES, PRESENTER: An eruption of violence involving outlaw motorcycle gangs in the past year or so has prompted governments around Australia to introduce tough new laws and expanded police powers.

In New South Wales it's now an offence to even associate with criminals.

Defence lawyers and civil libertarians have warned from the start that the laws are open to abuse and could be used not just against bikies, but against almost anyone.

Sean Rubinstein-Dunlop reports on the first arrest under the new regime.

SEAN RUBINSTEIN-DUNLOP, REPORTER: It's a long way from the gun violence that's rocked the streets of Sydney, but like any town, Inverell in north-western NSW has its fair share of trouble-makers.

ELI MORRIS, FRIEND: I've been in three times and I done a month every time, so three months jail I've done.

DAMIEN CASE, FRIEND: I've been to jail seven times and each time a valuable lesson's been learnt.

JACK HAYES, FRIEND: We've all had similar charges like assault and affrays and what not.

SEAN RUBINSTEIN-DUNLOP: These streets are home to Jack Hayes and his mates. They've been in trouble with the law for violent offences since their early teens.

JACK HAYES: It's not just fighting over nothing, mate. It's over ex-girlfriends, over, um, drugs, just fighting over who owes who money. Just stuff like that.

ELI MORRIS: We've all been hooligans and that.

SEAN RUBINSTEIN-DUNLOP: The mate who's not here is Charlie Foster. The 21-year-old is back in jail for his second time, sentenced a fortnight ago to between nine and 12 months for consorting with his friends.

JACK HAYES: I believe that we weren't in the wrong. We weren't doing anything wrong. We were goin' down the street to do our shopping and pay our rent. If we don't do that, we won't have anywhere to live.

SEAN RUBINSTEIN-DUNLOP: Charlie is the first person convicted under NSW new consorting laws, introduced to stop the bikie wars.

Charlie Foster's mum, Tricia, says he's always done it tough. He was born with an intellectual disability.

TRICIA HARRISON, MOTHER: He can't read and because he can't read, he can't write. He can write his name and stuff. ... His father was an alcoholic. His father would be at the pub and Charlie would be outside the pub waiting for his father and he met up with the wrong kids and he started to cut school and that was how it all happened.

SEAN RUBINSTEIN-DUNLOP: At 13 he had his first brush with the law and he picked up a drug habit. First it was marijuana, later speed and prescription drugs, including the opioid known as "hillbilly heroin".

TRICIA HARRISON: He's using Oxycotton. Look, I - he'll use anything he can get his hands on.

SEAN RUBINSTEIN-DUNLOP: At 18, Charlie Foster was convicted of having sex with a 15-year-old girl. Later, it was driving on drugs, assault and a 12-month jail term. He got out 10 months ago and moved in with his best mate Jack Hayes. Jack had been in jail too.

JACK HAYES: Me and Charlie have had one affray together I think and that's literally the only charge me and Charlie's had together. We haven't been charged together for anything else.

SEAN RUBINSTEIN-DUNLOP: It was in April that Jack Hayes and his mates found themselves targeted by the new laws.

JACK HAYES: As soon as I've seen the paddy wagon, I've said to Charlie, "Here comes the filth." Charlie's said, "Just put your head down, take no notice." Just kept walkin'. They've pulled up beside us and told to us stop walkin'. They told us that they gave us a warning a few days before that.

SEAN RUBINSTEIN-DUNLOP: They were picked up four times over two months.

JACK HAYES: We couldn't do anything. We couldn't do nothing. We couldn't even go down and pay our bills. It literally seemed that there was only way that we could still talk to each other without being charged or locked up.

SEAN RUBINSTEIN-DUNLOP: Another mate, Damian Case, offered Charlie an alternative place to stay. At age 23, Damian's been in jail seven times. He was targeted too.

DAMIEN CASE: Having the police rock up to me door and givin' us warning for consorting here. You know, that sort of stuff's not on and I feel as though that's intimidating and that's threatening behaviour.

SEAN RUBINSTEIN-DUNLOP: Charlie Foster's lawyer says he had no option but to plead guilty when he was charged last month with consorting with his three friends.

JON WATTS, SOLICITOR: I was very surprised that he was charged with those offences. But, I mean, when you look at the legislation, I mean, it fitted the legislation, the way it was handled.

TRICIA HARRISON: I couldn't believe it. I still can't. You know, like, 12 months for talking to your friends? You know, these kids were friends long before they ever had gone to jail and served any time. You know, why, because they have all been to jail do they have to stop being friends? You know, that's crazy.

SEAN RUBINSTEIN-DUNLOP: The lawyer who acts for the bikie gangs has offered to represent Charlie Foster for free and has lodged an appeal against his conviction. After successful High Court challenges against previous anti-bikie laws, Wayne Baffsky is hoping for another win.

WAYNE BAFFSKY, BARRISTER, UNITED MOTORCYCLE COUNCIL: This is the very thing the police said they wouldn't do and they're doing it. I don't understand why people aren't jumping up and down and screaming about this. It isn't right. It's going against what the police said they were going to use the Act for and now we see the truth of that: everybody's at risk and everybody's at risk before they've even tried to deal with outlaw motorcycle club members.

SEAN RUBINSTEIN-DUNLOP: Charlie Foster's mates are afraid they'll be the next to be charged.

ELI MORRIS: I've got a baby on the way so I'm gonna change my ways for my kid when it's born. She's due - she's a girl, she's due in two months and I'm gonna use this to give up the alcohol hopefully and change my life and hopefully never go back because my kid and Mrs is gonna need me around. You know, they need me sittin' in jail.

TRICIA HARRISON: I don't know what it does to him. I can't begin to imagine. He says it does his head in sittin' in a room and there's nothing to do and, you know, all you can do is think about stuff, so, I don't know. Oh, dear.

LEIGH SALES: And the NSW Government and police declined to comment on that story because an appeal is underway.